Legislature(2005 - 2006)BUTROVICH 205

04/27/2005 03:30 PM Senate RESOURCES

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03:37:59 PM Start
03:40:41 PM HCR7
03:48:19 PM Confirmation Hearings || Board of Fisheries
04:37:44 PM Board of Game
05:14:18 PM Commercial Fisheries Entry Commission
05:14:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Board of Fisheries: Rupert Andrews,
John Jensen, Melvan Morris
Board of Game: Carl Morgan,
Ron Somerville, Ted Spraker
ACFEC: Peter Froehlich
Scheduled But Not Heard
<Pending Referral>
Moved CSHCR 7(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 27, 2005                                                                                         
                           3:37 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Thomas Wagoner, Chair                                                                                                   
Senator Ralph Seekins, Vice Chair                                                                                               
Senator Ben Stevens                                                                                                             
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
MEMBERS ABSENT                                                                                                                
Senator Kim Elton                                                                                                               
Senator Gretchen Guess                                                                                                          
COMMITTEE CALENDAR                                                                                                            
CONFIRMATION HEARINGS                                                                                                         
Board of Fisheries - Rupert Andrews, John Jensen, Melvan Morris                                                                 
Board of Game - Carl Morgan, Ron Somerville, Ted Spraker                                                                        
Alaska  Commercial Fisheries  Entry  Commission  (ACFEC) -  Peter                                                               
     CONFIRMATIONS FORWARDED                                                                                                
CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES)                                                                                   
Urging  the governor  to  direct  the division  of  oil and  gas,                                                               
Department  of Natural  Resources, to  undertake a  comprehensive                                                               
review  of  the  subject  of  Cook Inlet  oil  and  gas  platform                                                               
abandonment  for  the  purpose  of developing  new  oil  and  gas                                                               
platform   abandonment  regulations   and   their  adoption   and                                                               
     MOVED CSHCR 7(RES) OUT OF COMMITTEE                                                                                        
CS FOR HOUSE BILL NO. 71(FIN)                                                                                                   
"An  Act extending  and amending  the requirements  applicable to                                                               
the  credit  that  may  be   claimed  for  certain  oil  and  gas                                                               
exploration expenses incurred  in Cook Inlet against  oil and gas                                                               
properties production (severance) taxes,  and amending the credit                                                               
against  those taxes  for certain  exploration expenditures  from                                                               
leases  or  properties  in  the   state;  and  providing  for  an                                                               
effective date."                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HCR  7                                                                                                                  
SHORT TITLE: COOK INLET OIL & GAS PLATFORM ABANDONMENT                                                                          
SPONSOR(s): REPRESENTATIVE(s) OLSON                                                                                             
04/07/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/07/05       (H)       RES                                                                                                    
04/18/05       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
04/18/05       (H)       Moved CSHCR  7(RES) Out of Committee                                                                   
04/18/05       (H)       MINUTE(RES)                                                                                            
04/19/05       (H)       RES RPT CS(RES) 8DP                                                                                    
04/19/05       (H)       DP: OLSON, KAPSNER, GATTO, SEATON,                                                                     
                         ELKINS, CRAWFORD, RAMRAS, SAMUELS                                                                      
04/22/05       (H)       TRANSMITTED TO (S)                                                                                     
04/22/05       (H)       VERSION: CSHCR 7(RES)                                                                                  
04/25/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/25/05       (S)       RES                                                                                                    
04/27/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
REPRESENTATIVE KURT OLSON                                                                                                       
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HCR 7.                                                                                         
RUPERT ANDREWS                                                                                                                  
Nominee to the Board of Fisheries                                                                                               
JOHN JENSEN                                                                                                                     
Nominee to the Board of Fisheries                                                                                               
MELVAN MORRIS                                                                                                                   
Nominee to the Board of Fisheries                                                                                               
CARL CROME                                                                                                                      
Petersburg AK                                                                                                                   
POSITION STATEMENT: Supported Mr. Jensen's and Mr. Morris'                                                                    
nomination to the Board of Fisheries.                                                                                           
REUBEN HANKE                                                                                                                    
Kenai AK                                                                                                                        
POSITION STATEMENT: Supported Mr. Andrews', Mr. Jensen's and Mr.                                                              
Morris' nomination to the Board of Fisheries.                                                                                   
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sportfishing Association                                                                                            
Kenai AK                                                                                                                        
POSITION STATEMENT: Supported Mr.  Andrews', Mr. Jensen's and Mr.                                                             
Morris' nomination to the Board of Fisheries.                                                                                   
CARL MORGAN                                                                                                                     
Nominee to the Board of Game                                                                                                    
TED SPRAKER                                                                                                                     
Nominee to the Board of Game                                                                                                    
RON SOMERVILLE                                                                                                                  
Nominee to the Board of Game                                                                                                    
ACTION NARRATIVE                                                                                                              
CHAIR  THOMAS  WAGONER  called   the  Senate  Resources  Standing                                                             
Committee meeting to  order at 3:37:59 PM.  Present were Senators                                                             
Stedman, Dyson and Chair Wagoner.  Senator Ben Stevens joined the                                                               
committee at 3:41.                                                                                                              
    CSHCR  7(RES)-COOK INLET OIL & GAS PLATFORM ABANDONMENT                                                                 
CHAIR  THOMAS  WAGONER  announced  CSHCR  7(RES)  to  be  up  for                                                               
REPRESENTATIVE  KURT  OLSON,  sponsor, explained  that  currently                                                               
most of the platforms  are at least 40 years old  and four of the                                                               
16  have  been lighthoused  already.  During  a recent  Resources                                                               
meeting in Kenai, industry representatives  showed an interest in                                                               
having  regulations reviewed  and updated  to define  abandonment                                                               
requirements  and their  ultimate liability.  In 1996  the Alaska                                                               
Oil   and   Gas    Conservation   Commission   (AOGCC)   proposed                                                               
implementation of  revised regulations, but the  attorney general                                                               
decided the  issue fell  under the purview  of the  Department of                                                               
Natural   Resources  (DNR)   rather  than   the  AOGCC.   Defined                                                               
regulations would also be of  value to independent companies that                                                               
will   assume  operations   of   several   of  these   platforms.                                                               
Environmental groups,  industry, DNR,  DEC and AOGCC  and several                                                               
federal agencies  are interested  in the  review that  would take                                                               
3:40:41 PM                                                                                                                    
SENATOR  DYSON asked  if there  was  any major  criticism of  his                                                               
REPRESENTATIVE OLSON replied no.                                                                                                
CHAIR  WAGONER   commented  that   oil  companies   endorse  this                                                               
resolution because they  want to know what their  liability is in                                                               
removing platforms and negotiating with independents.                                                                           
3:41:21 PM At ease 3:44:27 PM                                                                                               
SENATOR BEN STEVENS joined the committee.                                                                                       
3:44:49 PM                                                                                                                    
SENATOR  DYSON moved  to pass  CSHCR 7(RES)  from committee  with                                                               
individual recommendations  and zero  fiscal note. There  were no                                                               
objections and it was so ordered.                                                                                               
^CONFIRMATION HEARINGS                                                                                                        
^BOARD OF FISHERIES                                                                                                           
RUPERT ANDREWS, nominee  to the Board of  Fisheries, said serving                                                               
on  the board  is an  extraordinary way  to serve  the people  of                                                               
3:48:19 PM                                                                                                                    
SENATOR DYSON said  he didn't see the  National Rifle Association                                                               
(NRA) mentioned in his resume'.                                                                                                 
MR. ANDREWS responded  that it's mentioned in  his biography that                                                               
he was  the NRA's first  field representative in 1954  and served                                                               
through 1991. He complimented the  ADF&G personnel for their good                                                               
3:50:39 PM                                                                                                                    
SENATOR  SEEKINS  asked  what  has   been  the  most  significant                                                               
accomplishment for  the Board of  Fisheries over the  three years                                                               
he has served on it.                                                                                                            
MR. ANDREWS replied  that he feels good about every  vote he ever                                                               
made on the board and it's  hard to pick one. Conservation issues                                                               
come  first.  When  the  board liberalized  the  False  Pass  and                                                               
Shumigan Islands  in area  M it  was a  highlight because  of the                                                               
complicated politics  involved. The Bay  was looking at  having a                                                               
37-million fish  harvest and the  concern was that they  would be                                                               
intercepted at False Pass.                                                                                                      
3:53:24 PM                                                                                                                    
SENATOR  BEN  STEVENS  asked  what  would  be  the  board's  most                                                               
important decision during his reappointment.                                                                                    
MR. ANDREWS  replied that the  state just lost the  Chignik Co-op                                                               
Fishery  case  in  the  Supreme  Court  in  which  the  Board  of                                                               
Fisheries lost its  authority to regulate co-ops. He  felt it was                                                               
critical to  get the authority back  in order to move  forward on                                                               
restructuring the salmon fisheries.                                                                                             
He  said  that  people  can't   make  a  living  in  the  coastal                                                               
communities in  Alaska anymore and communities  are disappearing.                                                               
The price  of salmon, which is  the major fishery, has  gone down                                                               
and further depressed  the industry. He related  that the Chignik                                                               
sockeye is the best product  out there because they are processed                                                               
within minutes after they are  caught. However, it now takes only                                                               
15 boats  catch what  it used  to take 100  boats to  catch. That                                                               
brings him  to the point  that it is an  overcapitalized industry                                                               
and a  way needs  to be found  to reduce that  while at  the same                                                               
time increasing  the quality of  the product and thus  the income                                                               
to more Alaskan fishermen.                                                                                                      
3:57:26 PM                                                                                                                    
CHAIR WAGONER  said he was  surprised because as chairman  of the                                                               
Resources Committee  he had  only one  person contact  his office                                                               
about the Chignik  fishery decision and he was in  Iowa. He asked                                                               
if the board had any more contact than that.                                                                                    
MR. ANDREWS replied that the board  has had a lot of contact from                                                               
families  in Chignik.  "I'm going  to  tell you  flat right  now.                                                               
There's 50 families going to  go under this year unless something                                                               
happens.  We're  going  to  try  to  correct  it  with  emergency                                                               
3:58:14 PM                                                                                                                    
SENATOR SEEKINS said he had quite  a few people contact him about                                                               
it.  He said  the legislature  gives the  board the  authority it                                                               
operates under.  Protection of the  resource is number  one, then                                                               
value  enhancement and  how that  can protect  the health  of the                                                               
4:01:39 PM                                                                                                                    
JOHN JENSEN,  nominee to  the Board of  Fisheries, said  his last                                                               
three years  on it have  been an intense learning  experience. He                                                               
is a firm supporter of sustainable fisheries.                                                                                   
4:02:55 PM                                                                                                                    
SENATOR  BEN  STEVENS asked  what  is  going  to be  the  board's                                                               
biggest challenge in the future.                                                                                                
MR.  JENSEN  replied  the salmon  restructuring  in  Chignik  and                                                               
groundfish rationalization.                                                                                                     
4:04:09 PM                                                                                                                    
CHAIR WAGONER  asked what he  thought about changing  from three-                                                               
year  cycles to  four-year cycles.  "At least  that way  the area                                                               
biologists could come  in with some rational approach  as to what                                                               
data they  have gained over  the four years  of the cycle  of the                                                               
MR. JENSEN answered that the change could be good.                                                                              
4:05:27 PM                                                                                                                    
SENATOR SEEKINS  asked if a way  could be found to  allocate fish                                                               
from   commercial  fishermen   for  upstream   use  by   Interior                                                               
MR. JENSEN  replied that according  to the  constitution everyone                                                               
is entitled to a fair chance to get the fish.                                                                                   
4:06:28 PM                                                                                                                    
CHAIR WAGONER  said the  Kenai River  has a  very viable  dip net                                                               
fishery,  but he  has  found  that about  3,000  people per  year                                                               
refuse to remit their dip  net information to the department. So,                                                               
it doesn't have the exact  biological information it is trying to                                                               
The  law says  when  people refuse  to  participate by  remitting                                                               
their permit,  they are  subject to  a $200  fine. Over  the last                                                               
five years  that would have  amounted to  over $4 million  to the                                                               
state treasury, which  could be used in  furthering fish studies.                                                               
He asked Mr. Jensen if those  fines should be enforced and should                                                               
there be  an additional $5  or $10 fee  for personal use  dip net                                                               
MR. JENSEN answered  that participants already pay  a fee through                                                               
their sportfishing license  and he thought it was okay  to have a                                                               
fee for management of a personal use fishery.                                                                                   
He understood  that if you  don't turn  in your harvest  data for                                                               
one season, you wouldn't get a permit for the following season.                                                                 
CHAIR  WAGONER said  that  was  supposed to  happen,  but by  not                                                               
levying the $200  fine, there is no follow-up as  to wether those                                                               
people received a permit the following year or not.                                                                             
4:09:19 PM                                                                                                                    
SENATOR SEEKINS asked  if he supported a fee for  people who fish                                                               
in other fisheries to put food on the table for their families.                                                                 
MR. JENSEN said he didn't have a good answer for that question.                                                                 
4:10:08 PM                                                                                                                    
SENATOR STEDMAN asked  how long it takes for someone  to become a                                                               
fully functioning board member.                                                                                                 
4:10:45 PM                                                                                                                    
MR. JENSEN  replied that  there is  a big  learning curve  and it                                                               
takes a  while because of  unique problems in unique  areas among                                                               
many different user groups.                                                                                                     
4:11:56 PM                                                                                                                    
SENATOR BEN  STEVENS asked if his  boat is the same  F/V Johnny L                                                               
that Billy Fitzgerald burned up at Middle Bluff.                                                                                
MR. JENSEN  replied that he  hadn't seen  the boat for  some time                                                               
and  didn't know  what happened  to it,  but that  is one  of the                                                               
places it used to fish.                                                                                                         
CHAIR WAGONER thanked Mr. Jensen for his service.                                                                               
4:12:52 PM                                                                                                                    
MELVAN MORRIS, nominee to the  Board of Fisheries, said his first                                                               
term  was a  very rewarding  experience and  he looks  forward to                                                               
serving  a  second time.  He  said  he  would  try to  make  good                                                               
decisions on  the many important  issues coming before  the board                                                               
in the next cycle.                                                                                                              
4:15:43 PM                                                                                                                    
CHAIR WAGONER said  Mr. Morris was conflicted out in  a lot votes                                                               
during this year's hearings and  asked him how important it would                                                               
be  to  pass  laws,  similar  to last  year's,  on  conflicts  of                                                               
interest for board members.                                                                                                     
MR. MORRIS  replied that he has  a small business and  in reality                                                               
has no conflict of interest,  but he always took the conservative                                                               
approach.  He  should be  able  to  participate, because  he  has                                                               
unique insights and would support a bill like that.                                                                             
4:18:42 PM                                                                                                                    
SENATOR  SEEKINS asked  what he  thought the  goals of  the board                                                               
would be in the near future.                                                                                                    
MR.  MORRIS  replied  that the  Gulf  groundfish  rationalization                                                               
issue  is  important,  although  it  is still  not  in  a  crisis                                                               
4:23:01 PM                                                                                                                    
SENATOR  SEEKINS asked  if  he thought  the  board should  become                                                               
MR. MORRIS replied  if the board became  professional, serving on                                                               
it  might  become  less  of  a  labor of  love  and  more  of  an                                                               
opportunity to generate earnings. A  person has to be open-minded                                                               
and committed  to the  public process -  not have  a credentialed                                                               
4:25:49 PM                                                                                                                    
CARL CROME, Petersburg commercial  fisherman, supported both John                                                               
Jensen and Mel Morris. He  supported legislation that would allow                                                               
conflicted board members to be able to vote.                                                                                    
4:29:40 PM                                                                                                                    
REUBEN   HANKE,  Kenai,   supported  all   three  from   personal                                                               
professional experience.                                                                                                        
4:30:38 PM                                                                                                                    
CHAIR WAGONER asked him his view on the conflicting issue.                                                                      
MR. HANKE replied  if people are allowed to have  seats on boards                                                               
who have vested interests, there  might be problems. "Right now I                                                               
think we have a pretty good system."                                                                                            
4:32:12 PM                                                                                                                    
RICKY  GEASE,   Executive  Director,  Kenai   River  Sportfishing                                                               
Association,  said  he was  confident  in  all three  candidates'                                                               
ability  to analyze  and synthesize  the data  that comes  before                                                               
them and their ability to make sound decisions.                                                                                 
4:33:23 PM                                                                                                                    
SENATOR DYSON moved to forward all  three names to the full body.                                                               
There were no objections and it was so ordered.                                                                                 
4:33:38 PM At ease 4:35:27 PM                                                                                               
^BOARD OF GAME                                                                                                                
CARL  MORGAN,  nominee  to  the  Board  of  Game,  gave  a  brief                                                               
statement of his background.                                                                                                    
4:37:44 PM                                                                                                                    
SENATOR SEEKINS  asked if  he was still  on the  federal advisory                                                               
board and if  he thought that conflicted with being  on the Board                                                               
of Game in terms of allocation issues.                                                                                          
MR. MORGAN replied that he sits  on an advisory board only and he                                                               
would resign his seat if a conflict were found.                                                                                 
4:38:45 PM                                                                                                                    
TED SPRAKER, nominee  to the Board of Game, said  he had a career                                                               
with ADF&G  and he  doesn't want to  see it end.  That is  why he                                                               
wants  to  continue  on  the  board. He  hopes  to  help  restore                                                               
depressed  game populations  and improve  the state's  regulatory                                                               
process. He thought  the board currently has a  lot of unfinished                                                               
business as  far as management  of predators and prey  across the                                                               
state, even though five new programs  are on the books right now.                                                               
More information needs  to be gathered so that  programs in other                                                               
areas can  go forward. He  also said  they were trying  to adjust                                                               
the Tier 2 hunts in Unit  13 to protect the resource while better                                                               
serving Alaskans.                                                                                                               
4:42:47 PM                                                                                                                    
SENATOR  SEEKINS   asked  how  many  board   members  are  former                                                               
department employees.                                                                                                           
MR. SPRAKER replied himself and Mr. Somerville.                                                                                 
4:43:34 PM                                                                                                                    
SENATOR SEEKINS  asked if he has  a tendency to protect  his alma                                                               
MR.  SPRAKER replied  that  his  vote and  record  stand for  his                                                               
actions.  He  is  concerned  with  protecting  the  resource  and                                                               
turning  the  declining  game  populations  around.  If  he  goes                                                               
against the department in doing that, that's too bad.                                                                           
4:46:04 PM                                                                                                                    
SENATOR  SEEKINS asked  why  the board  rescinded  its action  on                                                               
same-day airborne on bears in the Tok area this last year.                                                                      
MR.  SPRAKER  replied  there  was  a  lot  of  controversy  about                                                               
starting same-day hunting of brown  bears in Unit 12 and portions                                                               
of 20E.  At first most  of the  board supported it.  It rescinded                                                               
its action because it may have  moved too fast in that direction.                                                               
One  of the  board's  main concerns  is  with maintaining  strong                                                               
support from the Governor, the  legislature and a majority of the                                                               
public  on   the  decisions   it  makes   -  assuming   they  are                                                               
biologically sound. He elaborated:                                                                                              
     Changing our mind on that  decision? I guess I'd rather                                                                    
     look  at  that as  postponing  that  decision. I'm  not                                                                    
     trying  to  sidestep  the  issue  at  all.  We've  also                                                                    
     increased  the bag  limit to  two bears;  we've dropped                                                                    
     the tag in  the area. We've allowed for  the first time                                                                    
     baiting of brown bears in  the area. And in my opinion,                                                                    
     I think we've  put a lot of pressure on  brown bears in                                                                    
     the area and if those don't  work, we'll be back in two                                                                    
     years  to look  at it  again. Then  we'll be  on really                                                                    
     strong ground to  take a very aggressive  step in going                                                                    
     to same-day airborne, because  that's something that we                                                                    
     haven't had in  the state since 1974. It's  going to be                                                                    
     a  step that's  going to  be looked  at from  a lot  of                                                                    
     different segments of  the public. There will  be a lot                                                                    
     of animosity  against hunters and against  the board, I                                                                    
     think for  taking that  step unless  we go  through all                                                                    
     these different smaller steps first.                                                                                       
4:49:06 PM                                                                                                                    
SENATOR SEEKINS asked if that decision had an outside influence.                                                                
MR. SPRAKER replied  that the Governor advised the  board that it                                                               
might be moving too fast and he agreed.                                                                                         
CHAIR WAGONER thanked him for his service.                                                                                      
4:51:35 PM                                                                                                                    
RON  SOMERVILLE, nominee  to  the  Board of  Game,  gave a  brief                                                               
statement about why  he wanted to continue serving -  for some of                                                               
the same reasons that Mr. Spraker  stated. He has lived in Alaska                                                               
all of  his life and  worked for the  department of 24  years and                                                               
for  the  legislature  and  the governor.  His  interest  is  the                                                               
resource and most of his career was dedicated to that.                                                                          
He was interested in working with  the board again because it has                                                               
been  proactive  and  he  thought  game  management  needed  some                                                               
serious  changes.  Because  of  the  urban-rural  divide  it  has                                                               
created, people have  not paid attention to the  things that most                                                               
matter - like animal husbandry.                                                                                                 
     In the last eight years  I think you've seen management                                                                    
     become  observers rather  than documenting  what's been                                                                    
     going on  and not  really participating in  the process                                                                    
     of managing and I'd like to see us change that.                                                                            
The subsistence law  is a new concept based on  exclusive use and                                                               
people are  working with the  idea of identifying  specific areas                                                               
for  subsistence  use. It's  a  fairly  simple concept  and  fits                                                               
within  the confines  and objectives  of the  state's subsistence                                                               
laws. He  also favored  helping the  state retain  authority over                                                               
the federal government on important issues.                                                                                     
MR.  SOMERVILLE  said another  area  of  concern  of his  is  the                                                               
tremendous disconnect between the  Board of Game, the legislature                                                               
and the  department. "A  lot of  it has to  do with  just getting                                                               
people   together  and   honestly   dealing   with  the   issues,                                                               
disagreeing  when it's  appropriate, but  making sure  that there                                                               
are communications."                                                                                                            
4:57:04 PM                                                                                                                    
SENATOR  SEEKINS  asked how  long  he  has  served on  the  board                                                               
MR. SOMERVILLE  replied two  years, but he  has been  an observer                                                               
for 24 years.                                                                                                                   
SENATOR SEEKINS asked  if he feels the board's  budget within the                                                               
department's budget is adequate for it to function properly.                                                                    
MR. SOMERVILLE  replied no.  He explained  that people  prefer to                                                               
deal  with the  federal board  because  it is  deals with  issues                                                               
every year and  the board deals with issues only  on a three-year                                                               
cycle   unless   an   appeal  is   made   for   an   out-of-cycle                                                               
     We  get  a  lot  of  out-of-cycle  requests.  I'm  just                                                                    
     illustrating   something  to   you   -   why  is   this                                                                    
     disconnect,  again, occurring?  Part  of it  has to  do                                                                    
     with   money. The Board of  Fish cut back on  number of                                                                    
     days; the  Board of  Game - we  had a  four-day meeting                                                                    
     here  last  fall in  Juneau  -  two days  dedicated  to                                                                    
     public  testimony. We  didn't have  time to  finish our                                                                    
     official business. We had two  days to do that and it's                                                                    
     just not enough time.                                                                                                      
     The  other  things  is, in  dealing  with  things  like                                                                    
     subsistence, for instance, and  trying to fix this Tier                                                                    
     2 thing in  Unit 13, which I think  we'll be successful                                                                    
     in  doing. It  takes  a tremendous  amount  of time  to                                                                    
     overcome  the record.  Our  attorneys  keep telling  us                                                                    
     when  those things  were set  into motion  a tremendous                                                                    
     amount of information  went on the record  and in order                                                                    
     to survive litigation, you have  to somehow counter why                                                                    
     is the board changing this record....                                                                                      
5:00:51 PM                                                                                                                    
SENATOR SEEKINS asked  if he thought the board  process is immune                                                               
from the public process.                                                                                                        
5:01:14 PM                                                                                                                    
MR. SOMERVILLE replied:                                                                                                         
     First I  think that  we're not  immune to  the -  I can                                                                    
     honestly say having  worked on both sides  of the table                                                                    
     - and I've heard many  people from other states say the                                                                    
     same thing  - Alaska's board regulatory  process is the                                                                    
     most democratic of any state in the union - bar none.                                                                      
But he said the process can be improved.                                                                                        
SENATOR  SEEKINS said  he thought  the legislature  could provide                                                               
more adequate funding  in terms of consideration of  the time the                                                               
members have to deliberate and to expand the hearing process.                                                                   
MR. SOMERVILLE  added that he is  the one who took  the call from                                                               
the  governor's office  on Units  12 and  20E. They  talked about                                                               
allowing the use of aircraft to  land and taking an animal within                                                               
300  yards or  so from  the plane  - taking  same-day air  borne,                                                               
which was  allowed in  Alaska up  to the late  60s. At  first the                                                               
governor's  office felt  that would  be  okay, but  he was  later                                                               
informed otherwise.  He didn't want  to get into a  pissing match                                                               
with  the governor's  office  and felt  that  the department  had                                                               
already come a  long ways. So, he made the  motion to rescind the                                                               
board's action. He concluded:                                                                                                   
     I want to  assure you that we're  committed to reducing                                                                    
     predators in  that area  until those  prey populations,                                                                    
     as your  instructions are  in the  intensive management                                                                    
     law, have  told us to  do. The  board will do  that. In                                                                    
     this case, there was some  political discussion. I take                                                                    
     the responsibility.                                                                                                        
5:04:13 PM                                                                                                                    
SENATOR SEEKINS  said it was noticed  that one of the  "no" votes                                                               
to rescind was  not renominated for confirmation to  the Board of                                                               
Game  and  asked   if  that  kind  of   perception  of  political                                                               
interference has a chilling effect on future board decisions.                                                                   
MR. SOMERVILLE  replied that he  didn't think  so - at  least not                                                               
this board.  He thought it  was in  their best interests  to work                                                               
with the governor otherwise he would have voted the other way.                                                                  
CHAIR WAGONER thanked him for his service.                                                                                      
5:06:05 PM                                                                                                                    
SENATOR DYSON  moved to forward all  the names to the  full body.                                                               
There were no objections and it was so ordered.                                                                                 
5:06:24 PM At ease 5:07:30 PM                                                                                               
^COMMERCIAL FISHERIES ENTRY COMMISSION                                                                                        
PETER  FROEHLICH,  nominee  to  the  Commercial  Fisheries  Entry                                                               
Commission (CFEC), said he is excited to start a new career.                                                                    
     It is  completing a circle  for me - I  actually earned                                                                    
     my way  through law school commercial  fishing. Shortly                                                                    
     after becoming  an attorney, I worked  for the attorney                                                                    
     general's office in this building  in '78. It took me a                                                                    
     couple  of  years to  get  around  to fisheries  issues                                                                    
     assignments and I  represented the Commercial Fisheries                                                                    
     Entry Commission for several  years and later worked on                                                                    
     their  regulations along  with other  agencies.... I've                                                                    
     always been interested in  fishing, fishing in general,                                                                    
     commercial    fishing    in    particular,    fisheries                                                                    
     regulation.  The limited  entry  setup  we have,  which                                                                    
     took  a  constitutional   amendment  to  accomplish  is                                                                    
     pretty unique. It  is a model that's been  looked to by                                                                    
     other nations...and works pretty well.                                                                                     
He  said the  Carlson fee  differential issue  is still  floating                                                               
around and  there are  a lot  of appeals  by applicants  who were                                                               
around in the '70s  and he hoped he could help  get some of those                                                               
resolved. He  said he has  experience with dispute  resolution in                                                               
trial  court and  is  looking forward  to a  change  of pace  and                                                               
subject matter.                                                                                                                 
MR. FROEHLICH said  he also thought the Chignik  issue, which has                                                               
to  do  with salmon  restructuring  and  balancing efficiency  of                                                               
harvest  versus the  common use  principle,  is one  of the  most                                                               
important  issues that  face the  board  today. It  ties in  with                                                               
buyback and reducing  units of gear. "I think that  kind of stuff                                                               
- that's  where we're  headed." State control  out to  the three-                                                               
mile limit is also an issue  that the commission will be involved                                                               
CHAIR WAGONER thanked him for volunteering to serve on the                                                                      
5:14:18 PM                                                                                                                    
SENATOR DYSON moved to forward Mr. Froehlich's name to the full                                                                 
body. There were no objections and it was so ordered.                                                                           
CHAIR WAGONER adjourned the meeting at 5:14:49 PM.                                                                            

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